Chapter DCF 56

DCF 56.09(2m)(c)4. 4. Any other concerns regarding the safety of the child, household members, or the community.

DCF 56.09(2m)(c)5. 5. Information on the forms required under ch. DCF 37.

DCF 56.09 Note Note: The forms required under ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. Both forms are available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

DCF 56.09(2m)(d) (d) Prohibitions. A foster parent may not do any of the following:

DCF 56.09(2m)(d)1. 1. Permit the child to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.

DCF 56.09(2m)(d)2. 2. Make a decision that conflicts with the child’s permanency plan or family interaction plan.

DCF 56.09(2m)(d)3. 3. Consent to the child’s marriage.

DCF 56.09(2m)(d)4. 4. Authorize the child’s enlistment in the U.S. armed forces.

DCF 56.09(2m)(d)5. 5. Authorize medical, psychiatric, or surgical treatment for the child beyond the terms of the consent for medical services authorized by the child’s parent or guardian.

DCF 56.09(2m)(d)6. 6. Represent the child in a legal action or make a decision of substantial legal significance.

DCF 56.09(2m)(d)7. 7. Determine which school the child attends or make a decision for the child regarding an educational right or requirement that is provided in federal or state law.

DCF 56.09 Note Note: For example, only a parent or guardian can make decisions about a child’s individualized educational program under s. 115.787, Stats.

DCF 56.09(2m)(d)8. 8. Require or prohibit a child’s participation in an age or developmentally appropriate extracurricular, enrichment, cultural, or social activity solely for the foster parent’s own convenience or based solely on the foster parent’s own values.

DCF 56.09(2m)(e) (e) Placing agency responsibilities. When preparing the child-specific information to provide to the foster parent on the forms required under ch. DCF 37, the placing agency shall do all the following if reasonable and appropriate:

DCF 56.09(2m)(e)1. 1. Consult with the child’s parent or guardian and the child about the child’s participation in extracurricular, enrichment, cultural, and social activities and the family’s religious, cultural, and tribal beliefs and values.

DCF 56.09 Note Note: If the child is an Indian child, the placing agency should ask the parent and the family’s tribe about specific tribal values.

DCF 56.09(2m)(e)2. 2. Explain to the parent or guardian that the parent’s values will be considered, but will not necessarily be the determining factor when decisions concerning the child’s participation in activities are made.

DCF 56.09(2m)(f) (f) Supervising agency. A foster parent shall contact the supervising agency for assistance with the application of the reasonable and prudent parent standard.

DCF 56.09(3) (3) Household chores.

DCF 56.09(3)(a) (a) A foster parent may require a foster child to share in household chores appropriate to the child’s age, degree of maturity, mental capability, health, and physical ability. These duties shall not interfere with a child’s school attendance, family visits, sleep, studies, or religious practice and may not violate the humane and nurturing care described in sub. (1).

DCF 56.09(3)(b) (b) Foster children may not be given responsibility for chores that may cause harm to themselves or others.

DCF 56.09(4) (4) Health of foster children.

DCF 56.09(4)(a) (a) Within 30 days after the date that the child is placed in foster care, the foster parent shall arrange for medical and dental examinations of the child in accordance with the schedule of the HealthCheck program. An appropriate reproductive health needs and confidential family planning assessment shall be a part of the medical examination as included in the HealthCheck program.

DCF 56.09 Note Note: If the foster parent does not receive an authorization to provide medical care form signed by a parent or guardian, the foster parent may not be able to obtain the required medical services for the child. Without the consent of the parent or guardian, it becomes the responsibility of the placing agency to ensure that the HealthCheck physical for the child is completed.

DCF 56.09(4)(b) (b) All foster children shall receive medical and dental care under the HealthCheck program unless they have private insurance that covers services required in this chapter. The HealthCheck program shall supplement any required services not covered by private insurance. A foster child’s case record shall contain medical records utilizing the HealthCheck program forms.

DCF 56.09(4)(c) (c) The foster parent shall notify the supervising agency as soon as possible if a foster child has any serious illness or any injury that requires medical treatment.

DCF 56.09(4)(d) (d) The foster parent shall ensure that each foster child who needs medical attention receives appropriate and adequate medical services promptly.

DCF 56.09(4)(dm) (dm) The foster parent shall ensure that each foster child who needs mental health services receives appropriate services promptly.

DCF 56.09(4)(e) (e) The foster parent shall ensure that each foster child receives 2 dental examinations and cleanings per year through a HealthCheck program referral.

DCF 56.09(4)(f) (f) No foster parent may purchase tobacco products for a child or employ the child’s use of tobacco products as part of a treatment or behavior modification program.

DCF 56.09(4)(g) (g)

DCF 56.09(4)(g)1. 1. A foster parent may not smoke or allow another person to smoke in a foster home or in a vehicle when a foster child is present.

DCF 56.09(4)(g)2. 2. Nothing in this paragraph shall be interpreted to interfere with traditional or established spiritual or cultural ceremonies involving the use of tobacco.

DCF 56.09(5) (5) Discipline.

DCF 56.09(5)(a) (a) Disciplinary action by a foster parent or any other person serving as a substitute caretaker in the absence of the foster parent shall be aimed at encouraging the foster child to understand what is appropriate social behavior.

DCF 56.09(5)(b) (b) The type of discipline imposed shall be appropriate to the child’s age and understanding.

DCF 56.09(5)(c) (c) Physical punishment of foster children is prohibited.

DCF 56.09(5)(d) (d) A licensee may not subject any foster child to verbal abuse, profanity, derogatory remarks about the child or the child’s family or to threats to expel the child from the home.

DCF 56.09(5)(e) (e) A licensee may not permit another adult or child, other than a responsible care provider, to discipline a foster child.

DCF 56.09 Note Note: If the licensee leaves the foster child in the care of another person, such as a babysitter, that other person is responsible for providing the discipline in accordance with this chapter and any licensing agency policies.

DCF 56.09(5)(f) (f) No foster child may be punished by being deprived of meals, mail, or family interaction.

DCF 56.09(5)(g) (g) No foster child may be punished or ridiculed for bed-wetting or other lapses in toilet training.

DCF 56.09(5)(h) (h) No foster child may be mechanically restrained or locked in any enclosure, room, closet or other part of the house or elsewhere on the premises for any reason.

DCF 56.09(5)(i) (i) No foster child may be punished by being restricted to an unlocked room or area of the home except as follows:

DCF 56.09(5)(i)1. 1. A foster child under 6 years of age may be restricted to an unlocked living area of the home for not longer than 10 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.

DCF 56.09(5)(i)2. 2. A foster child 6 to 10 years of age may be restricted to an unlocked living area of the home for not longer than 30 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.

DCF 56.09(5)(i)3. 3. A foster child over 10 years of age may be restricted to an unlocked living area of the home for up to 60 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.

DCF 56.09(6) (6) Clothing.

DCF 56.09(6)(a) (a) The licensee shall ensure that funds allocated for the purchase of clothing for foster children are used in such a manner that children in the licensee’s care are comfortably and appropriately dressed within the limits of the funds. Foster children’s clothing shall be maintained in a state of good repair and cleanliness.

DCF 56.09(6)(b) (b) Clothing purchased for a foster child or otherwise provided to a foster child with the understanding that the clothing belongs to the foster child shall be the property of the child and shall be given to the child to take when the child leaves the foster home.

DCF 56.09(7) (7) Personal belongings. When a foster child leaves a foster home, the child may take all special equipment or other personal belongings that the child had when placed in the foster home, that were given to the child to keep, that the child received as gifts, or that were purchased on behalf of the child with public funds, unless the items are permanently affixed to the foster home.

DCF 56.09(8) (8) Spending money. The foster parent shall give each foster child spending money each week. The amount of spending money given to a foster child shall be appropriate to the child’s age and maturity and in accordance with the child’s case plan established by the supervising agency.

DCF 56.09(9) (9) Nutrition.

DCF 56.09(9)(a) (a) The foster parent shall ensure that each foster child receives at least 3 meals a day. Meals a child receives as part of a meals program at school may be counted. A school-age foster child who does not participate in a school lunch program shall be provided a sack lunch or be provided lunch at the foster home or shall otherwise have lunch arranged for by or with the approval of the foster parent.

DCF 56.09(9)(b) (b) The foster parent shall ensure that each foster child is provided a quantity and variety of foods sufficient to meet the child’s nutritional needs and to maintain the child’s health and growth.

DCF 56.09(9)(c) (c) No foster child may be forced to eat against the child’s wishes except by order of and under the supervision of a physician.

DCF 56.09(10) (10) Education of foster children.

DCF 56.09(10)(a) (a) The foster parent shall make every reasonable effort to ensure that foster children of school age in their care attend school unless otherwise excused by school officials.

DCF 56.09(10)(b) (b) The foster parent shall make every reasonable effort to participate, as appropriate, in school activities involving foster children in their care.

DCF 56.09(10)(c) (c) The foster parent may not provide a home-based private educational program to foster children in their care. This does not apply to homebound study under s. 118.15 (1), Stats., or as defined in the child’s individualized education program.

DCF 56.09(10)(d) (d) Foster children shall be given the opportunity to develop appropriate friendships with schoolmates and to visit their friends.

DCF 56.09(10)(e) (e) The foster parent shall provide suitable reading material and facilities for undisturbed reading and study for all foster children in their home who wish to read or who have homework assignments.

DCF 56.09(10)(f) (f) The foster parent shall assist the agency and any contracted agency with the transfer of independent living skills to and the preparation for independent living of a foster child whose permanency plan indicates the need for these skills and preparation.

DCF 56.09(10)(g) (g) The foster parent shall assist a foster child in planning for achievement of the child’s educational or vocational goals.

DCF 56.09(11) (11) Case records.

DCF 56.09(11)(a) (a) The foster parent shall maintain a record on each foster child. The record shall contain information regarding the child for the entire duration of the placement and shall contain at least the following information:

DCF 56.09(11)(a)1. 1. The child’s name, nickname and any alias by which the child is known.

DCF 56.09(11)(a)2. 2. The child’s birthdate.

DCF 56.09(11)(a)3. 3. The names, addresses and telephone numbers of persons to be notified in an emergency involving the foster child.

DCF 56.09(11)(a)4. 4. The date the child was placed in the foster home.

DCF 56.09(11)(a)5. 5. The name, address and telephone number of the person or agency placing the child.

DCF 56.09(11)(a)6. 6. The name of the physician to be called in an emergency.

DCF 56.09(11)(a)7. 7. Medical information about the child, including known allergies and the dates of medical examinations, immunizations, illnesses and accidents since the time the child was placed in the foster home.

DCF 56.09 Note Note: This information must be included on the form required by ch. DCF 37.

DCF 56.09(11)(a)8. 8. The name and address of the child’s dentist and dates the child received dental care since the child was placed in the foster home.

DCF 56.09(11)(a)9. 9. If the child attends school while in the foster home, the name of the school and the grades the child received.

DCF 56.09(11)(a)10. 10. Reasonable and prudent parenting considerations for the child and decisions the foster parent has made by applying the reasonable and prudent parent standard.

DCF 56.09(11)(b) (b) The foster parent shall give the foster child’s record to the child’s supervising agency when the child leaves the foster home.

DCF 56.09(11)(c) (c) At the request of the licensing or supervising agency, the foster parent shall make the foster child’s record available for inspection by that agency. A foster child’s record may also be examined by authorized representatives of the department.

DCF 56.09(12) (12) Confidentiality. The foster parent and other persons in the household having access to confidential information about the foster child and the child’s family may not discuss or otherwise disclose that information to any other person while the child is in the foster home or after the child leaves the foster home, except as follows:

DCF 56.09(12)(a) (a) To the licensing agency or agency placing the child in the care of the licensee.

DCF 56.09(12)(b) (b) To another foster parent or respite care provider as authorized by the agency, such as when another foster parent is being considered as a placement for the child or the person is providing respite for the child.

DCF 56.09(12)(c) (c) By order of a court.

DCF 56.09(12)(d) (d) As otherwise provided by law.

DCF 56.09 Note Note: Disclosure of confidential information is governed by ss. 48.78 and 48.981 (7), Stats., and other state and federal laws and regulations.

DCF 56.09 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. revisions as in CR 10-021, eff. 1-1-10; CR 10-021: am. (1) (d), (g), (m), (2) (a), (g), (3) (a), (4) (b), (5) (f), (11) (a) 4. and 8., cr. (1m), r. and recr. (7) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. cr. (1) (am), (bm), (cm), (dm), (em), (fm), (gm), (hm), (o), (1g), (1m) (d) to (g), (4) (dm), (g), (10) (g), am. (1) (h), (1m) (b), (c), (2) (a), (4) (e), r. and recr. (2) (c), r. (2) (h), (i), eff. 1-1-11; CR 10-148: cr. (1) (am), (bm), (cm), (dm), (em), (fm), (gm), (hm), (o), (1g), (1m) (a) (title), (b) (title), (c) (title), (d) to (g), (4) (dm), (g), (10) (g), am. (1) (h), (1m) (b), (c), (2) (a), (4) (e), r. and recr. (2) (c), r. (2) (h), (i) Register August 2011 No. 668, eff. 9-1-11; EmR1414: emerg. cr. (1m) (cm), eff. 8-1-14; CR 14-054: am. (1m) (b), (c), cr. (1m) (cm) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. am. (2) (e), cr. (2m), (11) (a) 10., eff. 11-18-16; CR 16-051: am. (2) (e), cr. (2m), (11) (a) 10. Register July 2017 No. 739, eff. 8-1-17; correction in numbering in (2m) (e) 1., 2. made under s. 13.92 (4) (b) 1., Stats., Register July 2017 No. 739; CR 21-107: am. (1) (i), (2m) (a), (b) (intro.), (5) (d), (6) (b), (7), (9) (b), (c), (12) (intro.) Register June 2022 No. 798, eff. 7-1-22.

DCF 56.10 DCF 56.10 Hearing.

DCF 56.10(1) (1) Appeal. An applicant for a license to operate a foster home who is denied a license or a licensee whose license is revoked or whose application for renewal of the license is denied may appeal the decision by asking for a hearing in accordance with ch. 227, Stats.

DCF 56.10 Note Note: The appeal rights described in this section relate only to licensure decisions. Foster parents also have appeal rights for non-licensure decisions as provided under s. 48.64 (4), Stats., and ch. HA 3 rules. Any decision made by a circuit court regarding a placement or a placed child is not appealable by the foster parent under this section.